Alhaja Sabalemotu Ayinke V. Alhaji Muniru Lawal & Ors (1994) LawGlobal-Hub Lead Judgment Report IGUH, J.S.C In the Chief Magistrates court of the Lagos Magisterial District, holden at Yaba, Lagos State, the plaintiff, by a writ of summons filed on the 4th May, 1982 claimed against the defendants as follows:- (i) Possession of one storey…

Patrick Ogbu & Ors V. Fidelis Ani & Ors (1994) LawGlobal-Hub Lead Judgment Report BELGORE, J.S.C.  The plaintiffs at the trial court are now the appellants before this court. They won their case at the trial Court but the Court of Appeal sitting at Enugu reversed this victory of theirs and thus the appeal to…

Ibrahim Bature Vs The State (1994) LawGlobal-Hub Lead Judgment Report ONU, J.S.C. The appeal herein is sequel to the trial and conviction of the appellant by the High Court of Bauchi State sitting in Bauchi (per Ike Okoye, J.) on 16th September, 1986 for the offence of culpable homicide punishable with death contrary to section…

Lawrence Asuquo Thomas V. The State (1994) LawGlobal-Hub Lead Judgment Report BELGORE, J.S.C. On 27th January, 1994 I dismissed this appeal and adjourned to today for giving fuller reasons for doing so. I now give my reasons. On 13th March, 1985, Jimbo Mfioke Akpan (hereinafter referred to as the “deceased”) was in his car driving…

Agwam Obioha Vs Chief Nwofor Duru (1994) LawGlobal-Hub Lead Judgment Report ONU, JSC This is an appeal against the decision of the Court of Appeal sitting in Enugu wherein that Court (per Nnaemeka-Agu, JCA, as he then was, Maidama, JCA. and Babalakin, JCA as he then was) on 15th September, 1987 dismissed the appeal of…

The State Vs Dr. Comas Ikechukwu Okechukwu (1994) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.S.C.  This is an appeal by the State against the judgment of the Court of Appeal (Enugu Division) in which the latter Court had allowed the appeal of Dr. Cosmas Ikechukwu Okechukwu against his conviction by the High Court of the former…

Inyang Etim Akpan Vs The State (1994) LawGlobal-Hub Lead Judgment Report ADIO, J.S.C The appellant, Nyang Etim Akpan, alias Mbom Etim Akpan, was charged with the murder of one Enefiok Mbom Edet under section 319(1) of the Criminal Code Law, Cap. 31 of the Laws of the Cross River State of Nigeria, applicable in Akwa…

Lawani Adesokan & Ors. V. Sunday Adetunji & Ors. (1994) LawGlobal-Hub Lead Judgment Report OGUNDARE, J.S.C. By a Writ of Summons issued in May, 1987 the plaintiffs (who are respondents herein) sued all the defendants including the 4th to the 7th defendants who are now appellants before us and shall hereinafter be so referred, claiming:…

Folusho Oladele Vs The State (1993) LawGlobal-Hub Lead Judgment Report OLATAWURA, J.S.C.  The appellant was charged with the murder of her daughter one Tomike Oladele contrary to S.316 (1) of the Criminal Code Law of Ondo State. This appeal raises once again the legal criteria for insanity. These are provided under section 28 of the…

Alhaji Raimi Oloriegbe Vs J.a. Omotosho (1993) LawGlobal-Hub Lead Judgment Report OMO, J.S.C.  This is an appeal by the plaintiff/appellant against the decision of the Court of Appeal (Kaduna Division) which allowed the defendant/respondent’s appeal against the ruling of the Kwara High Court in the plaintiff/appellant’s favour. The plaintiff/appellant instituted an action (KWS/7O/l983) in which…